Creeslough planning permission overturned following appeal from victims' families

The families of the victims of the 2022 Creeslough tragedy have welcomed An Coimisiún Pleanála's decision to uphold their appeal against planning permission for the site of the fatal blast in Co Donegal.

The families had lodged an appeal after Donegal County Council granted planning permission earlier this year for the site where ten people died in an explosion.

The permission had been granted to Vivo Shell Limited, following its application in April 2024.

The initially approved proposals included the demolition of the existing building and erection of a new, commercial building which would include a shop, post office, off-licence, store, deli, toilets, staff welfare facilities, forecourt, replacement of underground storage tanks and pumps, external canopy, and associated signage.

Permission is also granted for "all other associated site development works including a space for a memorial garden."

Overturning Donegal County Council's approval, the refusal order issued on June 18 said that the proposals would "be out of character with its surroundings, would seriously detract from the architectural character and setting of Creeslough and of the streetscape and approach to Creeslough from Letterkenny generally."

This week's refusal also noted that the proposed memorial "is inappropriately sited in the context of the significant pedestrian and traffic movement that will take place throughout the site when operational, and this raises serious concern in relation to both the safety for those visiting the memorials and also the inappropriate siting of the memorial within the development (as amended) itself."

Phoenix Law, the firm representing some of the families of the Creeslough victims, said on Friday: "Proposing development on this site while a criminal investigation is still ongoing was deeply inappropriate.

"The families believe the ground should be treated with dignity and respect, given the scale of loss and trauma suffered.

"The initial decision to grant planning permission rubbed salt in the wounds of the families."

Darragh Mackin of Phoenix Law further said that the "decision has restored faith in the rule of law, where victims are treated with dignity and respect.

"We continue to call for a full public inquiry into the circumstances surrounding the tragedy. The families remain committed to seeking truth, accountability and justice.”

The Creeslough tragedy

On October 7, 2022, an explosion at the Applegreen Station in Creeslough, Co Donegal killed ten people: Jessica Gallagher, 24, Robert Garwe, 50, his five-year-old daughter Shauna Flanagan Garwe, Leona Harper, 14, Hugh Kelly, 59, Martina Martin, 49, Martin McGill, 49, Catherine O'Donnell, 39, her 13-year-old son James Monaghan, and James O'Flaherty, 48.

The victims of the explosion in Creeslough, Co Donegal in October 2022.

In its latest update on the investigation into the tragedy, An Garda Síochána said that a man in his 60s had been arrested on May 23. He was released the following day without charge.

At the time, An Garda Síochána said the investigation is ongoing, coordinated from Milford Garda Station, where an Incident Room was established under the direction of a Garda Senior Investigating Officer.

The investigation continues to be led by local Gardaí in the Donegal Division, supported by the Garda National Bureau of Criminal Investigation and other agencies, including the Health & Safety Authority and the Commission for the Regulation of Utilities.